# Dombrowski v. Moore

> District Court of Appeal of Florida · August 25, 1999 · 741 So. 2d 581

URL: https://www.frixlaw.com/law-library/cases/7725246

## Case

- **Full name:** Paul DOMBROWSKI v. Michael W. MOORE, Secretary, Florida Department of Corrections Robert A. Butterworth, Attorney General, State of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** August 25, 1999
- **Citations:** 741 So. 2d 581; 1999 Fla. App. LEXIS 11527; 1999 WL 641879
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Klein, Shahood, Warner
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7725246

## Opinion text

PER CURIAM.
Petitioner claims that his appellate counsel was ineffective by not arguing on appeal that in sentencing appellant pursuant to a plea, the trial court violated Goins v. State,, 672 So.2d 30, 31 (Fla.1996), because it failed to offer him the right to withdraw his plea after the court determined it could not honor the terms of the plea bargain. In petitioner’s case, however, no plea bargain was ever struck. Instead, at the suggestion of the court, petitioner entered into an open plea hoping that the trial court would give the petitioner a “break” in sentencing, based upon the court’s participation in the plea negotiations between the state and petitioner in which the court encouraged the state to agree to a fifteen year sentence. Subsequently, at the sentencing hearing, the trial court handed down a thirty year sentence. Because Goins is distinguishable from the instant case, appellate counsel could not be ineffective for failing to argue an inapplicable case.
WARNER, C.J., KLEIN and SHAHOOD, JJ., concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7725246. Public record. Not legal advice.